Criminal law and Civil Law are often confused due to the complexity of the legal field. This article outlines the differences between civil vs criminal law.
Legal Definitions
Criminal law concerns the system of legal rules that defines criminal activity and establishes legal punishments for those who engage in that criminal activity. Criminal law cases are only conducted within the criminal court system. Cases including assault, robbery, and murder are tried in criminal courts.
Civil law concerns the private rights of individuals. Civil cases occur when an individual has had their rights violated by a third party or when a dispute occurs between two parties. Oftentimes, a civil lawsuit is settled by a mediator.
Legal Standards
A major difference between civil and criminal cases is the burden of proof. In criminal court cases, the burden of proof means that a defendant must be guilty beyond a reasonable doubt. A defendant can either be acquitted or found guilty beyond a reasonable doubt. The state holds the responsibility of proving a defendant guilty beyond a reasonable doubt.
In civil court, a plaintiff files a lawsuit against the defendant. The burden of proof falls on the plaintiff, who holds the responsibility of proving that the defendant is more than likely to be liable for the charges brought against them. If a jury decides the defendant is responsible, they are considered liable instead of guilty.
Legal Consequences
In a criminal case, a judge determines the sentence if a jury finds the defendant guilty. When deciding on a legal penalty, the judge follows the sentencing guidelines of current criminal law. In the boundaries of those sentencing guidelines, a judge has some discretion in deciding the legal penalty for the defendant. Consequences in criminal cases tend to be more severe. Prison sentences, larger fines, and potentially the death penalty can ensue in criminal cases.
In civil cases, the jury has the ability to decide whether the defendant will compensate the plaintiff. The jury may also award additional punitive damages. Civil court cases may also engage with requests for a restraining order and child custody matters.
Statute of Limitations
There may also be differences between the amount of time allotted to bring a case against the defendant in criminal vs. civil court cases. Statutes of limitations are implemented to protect defendants from unreasonable behavior or demands. For example, if accused of a crime 20 years after the crime was committed, a defendant may no longer have access to evidence that may be vital to their case. Some crimes such as murder, kidnapping, etc. do not have a statute of limitations. Statutes of limitations tend to be longer in criminal matters.
Attorney Mindset
Litigation strategy, rules of evidence, and burden of proof differ in criminal and civil cases. Civil suits have a higher level of flexibility when being resolved. Negotiations in criminal law can require more in-depth strategy and thinking. Factors such as potential incarceration and the benefits of a plea agreement come into play. Furthermore, judges have the ability to reject plea agreements in criminal cases.
In civil cases, there is much more room for resolving civil cases. Research reveals that only 10% of civil cases make it to trial. Thus, attorneys tend to approach civil cases with the goal of reaching a settlement.
Civil and Criminal Cases
Sometimes a charge results in both a criminal and civil court case. For example, an individual can be arrested for assault and battery and can also be sued for the intentional tort of assault and battery. Another case would be a homicide criminal charge and a wrongful death civil suit. The civil suits tend to focus on obtaining compensation for the victim.
Related: Sexual Assault in Civil vs. Criminal Court
FAQS
How do I know if my case is criminal or civil?
If your case is a criminal case, an individual is likely to be arrested and will be required to post bail.\
Related: How to Sue Someone in Small Claims Court
Should I settle in a civil lawsuit?
It is more common to settle in civil lawsuits, but taking your attorney’s advice is usually the best course of action. If you do not have an attorney the mediator can usually offer a settlement agreement as well.
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